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(영문) 서울서부지방법원 2015.05.07 2015고정390
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 8, 2013, the Defendant brought a civil lawsuit against the Defendant at the Busan District Court Busan District Court Branch Branch on the ground of the Defendant’s claim amounting to KRW 30 million on the Defendant’s loan claim, and the judgment is rendered, the Defendant was likely to be subject to compulsory execution on the Defendant’s property. As such, the Defendant attempted to evade compulsory execution by transferring “D”, a beauty art wholesale retail store operated by the Defendant, to the Defendant’s mother E by fraudulent transfer to the Defendant’s mother.

Accordingly, around December 2, 2013, the Defendant filed a report on the closure of business with respect to D in the name of the Defendant in Mapo-gu Seoul Mapo-gu, Seoul, and at the same time transferred the Defendant’s property for the purpose of evading compulsory execution by registering the business of D in the name of the above E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (F phone statement of a witness);

1. Application of Acts and subordinate statutes of civil judgment, recording, and documentary evidence;

1. Article 327 of the Criminal Act and Article 327 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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